The family of a high school student are outraged after the man who fed her drugs and raped her as she died from an overdose was given jus...
The family of a high school student are outraged after the man who fed her drugs and raped her as she died from an overdose was given just three years in prison.
Brian Varela, 20, from Washington, pleaded guilty to second-degree manslaughter, third-degree rape, and unlawful disposal of remains as part of a plea deal in the February death of 18-year-old Alyssa Noceda.
But Superior Court Judge Linda Krese said Thursday she could not sentence Brian Varela to more than two years and 10 months behind because it was the most prison time permitted for someone with no prior criminal record, the Daily Herald reported.
Krese admitted that she was 'surprised, even outraged' by the inadequacy of the sentencing guidelines and told the court she has seen car theft cases with more serious penalties.
Varela raped the girl in his bedroom, gave her drugs and sent semi-naked photos of her to her friends as she lay dying, instead of calling emergency responders for help.
'I’m not sure the Legislature really contemplated something like this,' Krese said.
Varela told detectives that Noceda came to a party on February 3 northeast of the Seattle suburb of Lynnwood.
In Varela's room, he said Noceda snorted Percocet and also ingested liquid marijuana, court documents said.
Tests later showed she had taken a fatal mix of fentanyl and alprazolam, a generic name for Xanax.
She collapsed within a minute of mixing the two, Varela told detectives. Authorities said Varela never sought help and instead sent semi-nude photos of her to friends with the text: 'LOL, I think she od'd, still breathing'.
Varela played an online game until he fell asleep and woke up in the morning to find Noceda's lips blue, court documents said.
He went to work at Dairy Queen and his co-worker contacted police a few days later after Varela said he didn't know if Noceda was still alive when he was having sex with her.
Court records state that he told a friend that ‘she died having sex with me’.
Alyssa’s mother, Gina Pierson, said she cried when she learned of the sentence he was going to receive.
She told KOMO News: ‘I really don’t think it’s hit me yet. I just feel shock and disbelief, p****d off.
‘He could have done anything, but he chose to play a game and go to sleep.
‘It’s a joke. Three years for taking somebody’s life. Usually people who do stuff like this don’t get away with a slap on the wrist. I just keep thinking I’ll never see her again’.
Gina Pierson said she had been trying to call and text her daughter that night.
Pierson wrote to Noceda at 10.17 pm on February 3. 'Do you know the person you’re with very well?, be careful’. Pierson woke up a few hours later.
‘Why is your phone off? she texted her daughter at 2.37 am. Call me, please, I want to know you’re OK. Please be safe’.
Police arrested Varela later that day after executing a search warrant and finding Noceda's body in a plastic crate at the suspect's home.
Varela told investigators he planned to bury Noceda with onions to minimize the odor, police said. He also told detectives that after Noceda died, he used her thumb to unlock her phone Feb. 4 and send messages to make it appear she had run away.
In court Thursday, Varela said only: 'I'm sorry for my foolish actions. Whatever I get is what I deserve'.
Noceda's aunt, Rachelle Palmer said: 'You might as well let him walk free with that kind of time’.
Pierson and her family plan to take the fight to the state legislature and challenge those sentencing guidelines.
In a packed courtroom Thursday, friends and family wore matching black hoodies with Justice-4-Alyssa printed across the back. The front showed Noceda, with angel wings sprouting from her shoulders.
One by one for about a half-hour, Noceda’s loved ones stood in front of the judge and called Varela a monster and a murderer.
Some of them broke down in the courtroom as Judge Krese handed down her sentence.
Something is really wrong here. We, should be outraged, in fact he murdered this young woman, end of story. The Prosecutor is the blame, what's the deal, he couldn't do better than the charges he charged this man with? This Judge, what's up with her, a Judge can rule the President has no right to protect the nations borders, his first function is to protect the borders, but this Judge can't find any justice for this family of the victim?
ReplyDeleteInsanity prevails, and, we are all caught up in it.
thats what happens when you do drugs
ReplyDeleteThat is what happens when you do pharmaceutical drugs from unknown sources!
ReplyDeleteas soon as other inmates discover his crime he will count his remaining life in minutes.
ReplyDeletethat is the beauty of the american prison system.
Play stupid games, win stupid prizes. Literally F’d to death!
ReplyDeleteNatural selection happens, just glad the lady didn’t procreate and leave another generation of poor choices behind.
I know some of you want to virtue signal for points but humans getting together for sex and drugs is a fairly normal human routine. Niether of them are innocent and she took a risk and died, most of the time it results in human baby, marriage or an std. The idiot obviously didn’t know she was dying and to say he raped her is a bit of a stretch, why was she there in the first place?
Turning whores into victims is not my thing. She’s only a Victim of her own bad judgement and parents who raised her poorly.
Stick to pot and booze is the real story here for human procreation, pharmacudicles are just too deadly. People can barely handle booze adding in random pills is a very bad idea. Soon as they take them, that bad trip is on them.